What do I do when my co-power of attorney is stealing money?

Question Details:My sister and I have co-power of attorney over our mother who has dementia. My sister lives much closer to mom, so she is doing the finances - paying the bills on line. While visiting my mother and taking her to the bank, I got a printout of recent activity and discovered my sister has been paying her personal credit cards from my mom's account. What can I do about this?

Asked 5 years ago under Wills, Trusts, Probate | 1141 Views | More Legal Topics

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M.T.G., Member, New York Bar | FreeAdvice Contributing Attorney Answered 5 years ago

Generally, a General Power of Attorney has broad powers to act on behalf of a person.   This can include bringing suit against someone who is misusing funds of the person.  It may be time to do more than just be a co-power of attorney for Mom.  If your mother is not mentally competent to cancel the POA or create a new one then the next step is twofold: a guardianship to create your legal authority to act on behalf of your mother and a temporary restraining order to stop your sister. Either way you need legal help on this.  Retain an attorney in your area as soon as possible. 

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